Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
June 20, 2023
CASE NO(S).:
OLT-23-000089
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Blueland Farms Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the establishment of a gravel pit on the subject property
Reference Number:
POPA 2013 -0002
Property Address:
17736 Heart Lake Rd, Part Lot 12, Concessions 2 (EHS)
Municipality/UT:
Town of Caledon/ Region of Peel
OLT Case No.:
OLT-23-000089
OLT Lead Case No.:
OLT-23-000089
OLT Case Name:
Blueland Farms Ltd. v. Caledon (Town of)
Heard:
May 24, 2023, by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Blueland Farms Ltd.
A. Burton
Town of Caledon
C. Barnett
Region of Peel
Niagara Escarpment Commission
Richard Pilosof
Participants
Cynthia Barrett
Miriam Kelly
R.A. Sanichara
D. Kappos
J. Ayres
E. Chapple
Counsel/Representative*
Self-Represented*
Self Represented*
MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CRoser and M.A. Sills ON May 24, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) with respect to an appeal filed under subsection 22(7) of the Planning Act by Blueland Farms Ltd. (“Applicant”) from the failure of the Town of Caledon to make a decision within the statutory timeframe on an Official Plan Amendment (“OPA”) with respect to the lands known municipally as 17736 Heart Lake Road (“Subject Lands”).
2The purpose of this OPA is to permit the establishment of a gravel pit on the Subject Lands.
PROCEDURAL MATTERS
3At the CMC, the Tribunal canvassed Counsel who confirmed there were no issues with the service of Notice of the CMC. As such, no further notice is required.
4The Affidavit of Service of Notice of CMC, sworn by Angela Hatzipantelis on April 23, 2023, is marked as Exhibit 1.
PARTY STATUS REQUESTS
5The statutory Parties to this appeal are the Appellant and the Town of Caledon.
6The Tribunal received a request for Party status from the Region of Peel (“Peel”). Peel requested Party status to ensure the conformity of the local Official Plan Amendment with Peel’s Official Plan. Party status was granted to Peel.
7The Tribunal also received a request for Party status from the Niagara Escarpment Commission (“NEC”). Counsel for the NEC stated that the Subject Lands are within the Niagara Escarpment plan area and are also within the Area of Development Control. The NEC has provided written comments on the application and in order for the application to proceed it would require approvals under the Niagara Escarpment Planning and Development Act. Party status was granted to the NEC.
8A third request for Party status was received from Richard Pilosof (“Pilosof”). Mr. Pilosof’s property is adjacent to the Subject Lands. Party status was granted to Pilosof.
PARTICIPANT STATUS REQUESTS
9A request for Party status was also received from Cynthia Barrett. After the Panel appraised Ms. Barrett of her obligations as a Party to the proceedings including the requirement of full participation and potential exposure to cost consequences, Ms. Barrett withdrew her application for Party Status and requested status as a Participant.
10The Tribunal is now in receipt of Ms. Barrett’s Participant status request which was filed after the CMC. The Parties raised no concerns with the granting of Participation status and the Tribunal has granted Participation status to Ms. Barrett.
11The Tribunal received a Participant status request from Miriam Kelly. The Parties raised no concerns with this request and Participant status was granted to this individual.
LATE PARTICIPANT STATUS REQUESTS
12After the CMC was closed, two further Participant inquiries were made to the Tribunal. It should be noted that for an OPA appeal, Participant status before the Tribunal is not automatically conveyed on any person or group who has raised a prior concern with a proposed OPA.
13The Notice of the CMC, which was sent to both individuals, clearly states that Participant status requests are to be filed ten days in advance of the CMC. However, the Panel did note that both persons attended the CMC. As such, their status requests will be considered at the second CMC. These individuals are reminded that their attendance at the second CMC is required in order for their status requests to be considered by the Tribunal.
MEDIATION
14The Tribunal reminded the Parties that it is available to assist with Tribunal-led mediation and requests can be made through the Case Coordinator.
SECOND CMC
15Counsel for the Applicant requested that a second CMC be scheduled towards the end of 2023. Counsel noted that there will be multiple related applications with respect to the proposed gravel pit on the Subject Lands, and a later date for the second CMC will provide sufficient time for these to be filed with the Tribunal.
16The second CMC has been scheduled for Tuesday, December 5, 2023.
17The Panel Members are not seized.
18No further notice is required.
19The CMC is scheduled to proceed by video on December 5, 2023 at 10 a.m.
20Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
21Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
22Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 709-076-365.
23Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
24The Tribunal Orders the directions and rulings as set out above.
“G.A. Croser”
G.A. CROSER
MEMBER
“M.A. Sills”
M.A. sills
VICE-CHAIR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.